Health Care

Obamacare is unconstitutional, judge rules

Obamacare is unconstitutional, judge rules”

The case was brought by a coalition of 20 states that argued that the whole law was invalidated by a change in tax rules past year which eliminated a penalty for not having health insurance.

"As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster", President Trump tweeted following the ruling.

An alliance of 19 Republican attorneys general and a governor led by Texas Attorney General Ken Paxton challenged the law.

Despite that assurance, Trump past year was eager to sign Republican legislation to repeal Obamacare that independent analysts said would have weakened protections for people with pre-existing conditions by allowing insurers to potentially charge sick people more.

At first glance, Judge Reed O'Connor's decision seemed unusual in that it relied on a provision that the Supreme Court already approved in 2012.

Although the future of the act is in jeopardy, many people in Dallas signed up for Obamacare before the deadline.

The White House said in a statement it expects the case to be appealed to the Supreme Court.

But other states have argued that eliminating Obamacare would harm millions of Americans, and pending any appeal the landmark health care law remains in place. That would be a political victory for Republicans, but it would also likely strip millions of Americans of their health coverage, a policy problem for which Republicans have offered no clear solution. They trace their argument to the Supreme Court's 2012 ruling in which Chief Justice John Roberts Jr. wrote for the majority that the penalty the law created for Americans who do not carry health insurance is constitutional because Congress "does have the power to impose a tax on those without health insurance".

A federal judge's ruling that the Obama health law is unconstitutional has landed like a stink bomb among Republicans, who've seen the politics of health care flip as Americans increasingly value the overhaul's core parts, including protections for pre-existing medical conditions and Medicaid for more low-income people.

Trump ‘pleased’ Democrats working with Republicans on Obama Care deal
Trump ‘pleased’ Democrats working with Republicans on Obama Care deal

While congressional Republicans held their silence in reaction to the ruling, Democrats said they would test the GOP's commitment to such popular provisions.

"Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions", Trump said in a tweet.

The Trump administration said in June that it would not defend several important provisions of Obamacare in court.

"The remainder of the ACA is non-severable from the individual mandate, meaning that the Act must be invalidated in whole", O'Connor wrote.

"Obamacare has been struck down by a highly respected judge", Sanders later said in a statement.

Americans with pre-existing conditions, before ACA, faced either high premiums or an inability to access health insurance at all.

One legal expert, who supports the ACA, has warned that O'Connor's ruling would have repercussions for almost all Americans if it stands.

She vowed that when Democrats take control of the House in January, lawmakers "will move swiftly to formally intervene in the appeals process" to uphold Obamacare.



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